STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1842	By:	Nichols

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 175, as amended by Section 2, Chapter 275, O.S.L. 2004 (21 O.S. Supp. 2009, Section 175), which relates to punishment of accessories; clarifying person to whom punishment applicable; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2001, Section 175, as amended by Section 2, Chapter 275, O.S.L. 2004 (21 O.S. Supp. 2009, Section 175), is amended to read as follows:
Section 175.  Except in cases where a different punishment is prescribed by law, an accessory to a felony is punishable as follows provided below:
1.  If the underlying offense is a felony punishable by imprisonment in the penitentiary for four (4) years or more, the person guilty of being an accessory shall be subject to imprisonment in the penitentiary for a term not exceeding one-half (1/2) of the longest term prescribed upon a conviction for the underlying offense;
2.  If the underlying offense is a felony punishable by imprisonment in the penitentiary for any time less than four (4) years, the person guilty of being an accessory shall be subject to imprisonment in a county jail for not more than one (1) year;
3.  If the underlying offense be punishable by a fine only, the person guilty of being an accessory shall be subject to a fine not exceeding one-half (1/2) of the largest amount of money which may be imposed as a fine upon a conviction of the underlying offense;
4.  If the underlying offense be punishable by both imprisonment  and a fine, the offender convicted person guilty of being an accessory shall be subject to both imprisonment and fine, not exceeding one-half (1/2) of the longest term of imprisonment and one-half (1/2) of the largest fine which may be imposed upon a conviction of the underlying offense; and
5.  If the underlying offense be murder in the first degree, the person guilty of being an accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than forty-five (45) years.  If the underlying offense be murder in the second degree, the person guilty of being an accessory thereto shall be punished by imprisonment for not less than five (5) years nor more than twenty-five (25) years.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-3307	MB	1/12/2010 3:55:53 PM